St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-04-02

'.o"o'oo hsu DScil Hiduc recognizing tIclr
rlgnt TO SO hold, acquire OF own real estate,
and this only for the time said treaties
should exist and no longer.
THIS LAW FURTHER PROVIDED
that no corporation. more than 20 per cent
OF which was held by foreign parties,
should hold or acquire any lands in the
territories or districts. 1t also restricted
nome corporations to an ownership of 500
acres and railroad or turnpike companies to
only such lands as were needed for the
purpose of operating the same. The
attorney general was required to prosecute
violations of this law, and all lands held in
violation OF the act were to be forfeited or
escheat to the United States. Since the
passage of this act various foreign syndi-
Gates which had contracted for the pur-
chase of mining property, ranches and
other tracts Of land in territories, as we'll as
American citizens who have sent agents
abroad to effect such sales, have been much
agltated over these inhibitory provisions.
AS consequence they have through their
attorneys. sought to obtain from the depart
ment of state
SCHEDULE OF EXISTING TREATIES,
II any. with foreign nations wherein the
right to so acquire or hold property was
recognized. The authorities at the state
department have been looking into this
question, and in reply to a letter recently
addressed to Secretary Bayard, that official
replied to-day as follows:
Department of State, Washington, March
81, 1887. Sir: In reply to your letter of the
2Sth inst have to say that all the treaties of
the United States with foreign powers are
published in the statutes at large and that the
construction and enforcement OF the act in
question belongs to the judicial branch of the
government. 1t is not regarded as within the
province OF this department to give an opin-
ION in advance as to what persons may be af-
fected by the provisions of the act. If, how
ever. official inquiry should be made as to
whether particular treaty remains in force,
the department would give advice on that
question. am sir your obedient servant,
Il. +. BAYARD.
A CAREFUL EXAMINATION
OF treaties thus far has not been able to
ma one that recognizes the right OF aliens
to acquire and hold. except by devise or in
herltance, real estate in the United States
and then only for limited period just
before the close of the Arthur administra-
ton Secretary Frelinghuysen concluded
treaty with the Belgian minister in which
certain property in New York city was per-
mltted to be acquired for consular purposes.
This treaty was not submitted to the senate
and when the present administration came
into power it inherited this treaty. Assist
ant Secretary Porter, upon examination,
found that the laws of the state of New
DIRK forbade such acquisition, and, while
treaty to that effect would have been
paramount to the New York law. he was
unwilling to send treaty to the senate
which sought to abrogate a state law and
INVADE STATE SOVEREIGNTY.
He reported against it, and his views
were sustained by Secretary Bayard and
the president France had a treaty with
the United States in colonial days which
conceded mutually the right of citizens to
hold property in each others country, but
there was stipulation in this treaty that
the United States would use it's influence
with the states to permit French subjects to
mold and acquire such property. The state
department has sent out circulars TO this
effect but thus far no answer has been re-
celved and the treaty is regarded as obsO-
lete. 1t will, therefore. appear that the eX-
emption contained in the act to which
reference has been made really has no
effect. since no such treaties have been dis
covered which recognize the right of aliens
to hold land in this country, and therefore
the agents of the syndicate now engaged in
selling land abroad cannot give valid title
to any land that they seek to dispose of.
There are many sales of mining properties
in the territories now pending with foreign
SyndicateS, and it our government has not
treaty arrangements with the government
of the syndcates the sales must fall
through. Many stock ranches are in the
same condition.